US: $3B to end royalty dispute with Indian tribes

BY
ASSOCIATED PRESS

12/09/2009 07:08 AM

By Matthew DalyAssociated Press Writer

WASHINGTON (AP) — The Obama administration on Tuesday proposed spending more than $3 billion to settle claims dating back more than a century that American Indian tribes were swindled out of royalties for oil, gas, grazing and other leases.

Under an agreement announced Tuesday, the Interior Department would distribute $1.4 billion to more than 300,000 Indian tribe members to compensate them for historical accounting claims, and to resolve future claims. The government also would spend $2 billion to buy back and consolidate tribal land broken up in previous generations. The program would allow individual tribe members to obtain cash payments for land interests divided among numerous family members and return the land to tribal control.

The settlement also would create a scholarship account of up to $60 million for tribal members to attend college or vocational school.

If cleared by Congress and a federal judge, the settlement would be the largest Indian claim ever approved against the U.S. government — exceeding the combined total of all previous settlements of Indian claims.

Last year, a federal judge ruled that the Indian plaintiffs are entitled to $455 million, a fraction of the $47 billion or more the tribes have said they are owed for leases that have been overseen by the Interior Department since 1887.

President Barack Obama said settlement of the case, known as Cobell v. Salazar, was an important step to reconcile decades of acrimony between Indian tribes and the federal government.

"As a candidate, I heard from many in Indian Country that the Cobell suit remained a stain on the nation-to-nation relationship I value so much," Obama said Tuesday in a written statement. "I pledged my commitment to resolving this issue, and I am proud that my administration has taken this step today."

Interior Secretary Ken Salazar called settlement of the 13-year-old case a top priority for him and Obama and said the administration worked for many months to reach a settlement that is both honorable and responsible.

"This historic step will allow Interior to move forward and address the educational, law enforcement, and economic development challenges we face in Indian Country," Salazar said.

Elouise Cobell, a member of the Blackfeet Tribe from Montana who was the lead plaintiff in the case, called the proposed settlement crucial for hundreds of thousand of Native Americans who have suffered for more than a century through mismanagement of the Indian trust.

"Today is a monumental day for all of the people in Indian Country that have waited so long for justice," said Cobell, who appeared at a news conference Tuesday with Salazar, Attorney General Eric Holder and other U.S. officials.

"Did we get all the money that was due us? Probably not," Cobell said, but added: "There's too many individual Indian beneficiaries that are dying every single day without their money."

The proposed settlement affects tribes across the country, including virtually every recognized tribe west of the Mississippi River. Tribes in North Dakota, South Dakota, Oklahoma and Montana are especially affected by the breakup of Indian land into small parcels, said Keith Harper, a lawyer who represents the plaintiffs.

The settlement would give every Indian tribe member with an Interior Department account an immediate check for $1,000, with additional payments to be determined later under a complicated formula that takes into account a variety of factors. Many tribe members also would receive payments for parcels of land that are held in some cases by up to 100 family members, in an effort to consolidate tribal land and make it more useful and easier to manage.

The settlement does not include a formal apology for any wrongdoing by the U.S. government, but does contain language in which U.S. officials acknowledge a "breach of trust" on Indian land issues.

An apology "would have been nice," Cobell said, but was less important than settling the dispute. "Actions are more important to me than apologies," she said.

TAHLEQUAH, Okla. – Regardless of inclement weather expected to hit Tahlequah Tuesday night, the Election Commission’s Election Services Office will open on Wednesday to allow candidates to file for the June 27 election.
Election Director Connie Parnell said Cherokee Nation election law states that March 2-5 are the four days that are designated for filing.
The filing period for candidates closes at 5 p.m. March 5.
“This office will be open tomorrow even if Cherokee Nation is not,” she said.
According to News On 6 Tulsa’s weather forecast, Tahlequah is expected to get rain Tuesday evening, which will turn into freezing rain and sleet during overnight with anywhere from 2-6 inches of snow expected by Wednesday morning. Thursday is expected to be sunny with a high of 35 degrees.
Registered voters residing outside the CN jurisdiction who wish to vote by absentee ballot may fill out an absentee ballot request to be processed from Feb. 2 to May 8. Absentee ballot requests will be available at the Election Services Office and online at www.cherokee.org/elections. The EC will mail absentee ballots May 26-27.
Voter registration will close March 31. To print a voter registration form online visit www.cherokee.org/elections or pick up one in person at the Election Services Office. Citizens can request to have one sent by email or fax.
Also, voters with address changes, name changes or any changed information will need to submit a new voter registration application, according to the release.
The Election Services Office is from 8 a.m. to 5 p.m. Monday through Friday. It’s located at 22116 S. Bald Hill Road. For more information call 918-458-5899.

SOUTH COFFEYVILLE, Okla. – On March 5, Cherokee Nation and Cherokee Nation Entertainment officials will celebrate the opening of the Cherokee Casino South Coffeyville, which is expected to bring more than 100 new jobs to the area.
CNE, the tribe’s gaming arm, broke ground on the 17,000-square-foot facility in August. The $10 million development offers 300 electronic games and a dining venue featuring lunch, dinner and cocktail options.
CNE currently operates Hard Rock Hotel & Casino Tulsa, eight Cherokee Casinos, a horse racing track, three hotels, three golf courses and other retail operations.
The public ribbon cutting and opening celebration will be held at 2 p.m. at the facility located off Highway 169 south of South Coffeyville.

COLUMBIA, S.C. – John Shurr, a Cherokee Nation citizen and longtime free press advocate and Cherokee Phoenix Editorial Board member, died at his South Carolina home on March 1 at age 67.
Shurr had served on the Editorial Board since 2000, with much time as board chairman.
Cherokee Phoenix Executive Editor Bryan Pollard said he had a “handful of mentors” in his career and Shurr was one of them and the most influential.
“He was unwavering in his dedication to ensuring press freedoms and access to information in both mainstream and tribal media,” Pollard said. “He was a dedicated journalist and passionate advocate for the truth, but most importantly, he was a good man. He was a proud Cherokee and understood the importance of a free press in Cherokee society. His contributions to the Cherokee Phoenix are indelible. He will be sorely missed.”
[BLOCKQUOTE]Former Principal Chief Chad Smith said Shurr was influential in developing the CN Independent Press Act. In 1999 following the tribe’s Constitutional Crisis, it became apparent the value of a newspaper that was independent, Smith said. In determining how the free press act should read, he said Shurr was heavily involved in ensuring language that would allow the press to remain independent.
“So I think he was key. While many of us had the general sentiment, he had the experience as a practitioner to give us guidance,” he said.
The act’s language, Smith said, was picked up from various free press acts and Shurr was supportive with the legislation written because he knew there was a need for the press act. To the Editorial Board, Smith said Shurr brought experience and professionalism.
“We looked for the best qualified Cherokee newspaperman we could find, and having been a bureau chief of AP (Associated Press) and with his experiences, it was very simple decision to make as to how he could benefit the Nation and be sure that the paper could remain independent,” he said.
Former board member Jason Terrell said he worked with Shurr at the Native American Journalists Association in the late 1990s and served five years with him on the Phoenix board.
“His passion for freedom of the press was unbridled and that passion extended to his immense contributions to the creation and protection of Cherokee Nation’s free press act,” Terrell said. “A Vietnam veteran, he didn’t shy away from confronting the opponents of freedom head on. The mainstream press and the tribal press have both lost a fierce advocate for the First Amendment, and those who knew him best have lost a good friend. Rest in Peace, John. You’ve definitely earned it.”
Aside from his work in tribal media, Shurr was dedicated to openness in all media.
In the more than 20 years that Shurr led South Carolina’s AP bureau, he continually supported the need for openness and transparency in public records and agencies and in courts.
According to the AP, in 1988, the state Supreme Court unanimously voted to refuse to allow cameras or tape recorders in courtrooms. But Shurr did not waver in his commitment to transparency in the courtroom. He continued to speak to judges, lawyers and journalists about the importance of an open government.
“At the time, South Carolina was one of a handful of states that didn’t allow journalists to have electronic equipment in courtrooms,” the AP states. “In 1992, largely due to Shurr’s efforts, South Carolina courts began a six-month experiment allowing cameras in the courts. Today, having cameras in the courtrooms is commonplace.”
Bill Rogers, executive director of the South Carolina Press Association, said if it were not for Shurr, courtrooms in South Carolina may have still been without cameras and recording devices today.
Jay Bender, press association lawyer and University of South Carolina media law professor, said many people may have not know his name, but information was out there for the public because of his efforts in South Carolina.
“…But every day our people get information about officials and records they wouldn’t have otherwise had if it hadn’t been for the right-to-know fights he led,” Bender said.
Shurr also created a scholarship in his name with the Cherokee Nation Foundation. It’s available to a graduate or undergraduate CN citizen who has been accepted in an accredited journalism or mass communications degree program. The student chosen for this scholarship also must apply for an eight-week, paid, summer internship with the Cherokee Phoenix.
Cherokee Phoenix Reporter Tesina Jackson O’Field was the first recipient of this scholarship.
“In 2009, John selected me as the first recipient of the John Shurr Journalism Award, which essentially started my career with the Cherokee Phoenix. I was about to graduate from college and unsure of the journalism world that lie ahead of me, but he saw something in me that I did not,” Jackson O’Field said. “He took a chance on me, something that I have been truly thankful for. I only hope that I have made him proud.”
Shurr talked to the Cherokee Phoenix in 2009 about his scholarship and why he started it.
“It’s very rewarding for me to be able to help get a young Cherokee journalist educated and also make available to them an opportunity at our newspaper,” he said.
Shurr retired from the AP in 2007. He was married to Debbie Ashe Shurr.
Visitation at the family residence is set for 5 p.m. to 7 p.m. on March 4. A memorial service will be March 5 at 2 p.m. at Incarnation Lutheran Church in Columbia. A private burial will be held at a later date at the Beaufort National Cemetery.
Dunbar Funeral Home-Devine in Columbia is handling the services.
<strong>JOHN C. SHURR</strong>
Born: March 15, 1947, in Muskogee, Oklahoma
<strong>Newspaper History:</strong>
• Executive editor of the Oklahoma Daily, the student newspaper at the University of Oklahoma
• Muskogee Phoenix, 1966
• Norman Transcript, 1970-1973
• Chicago assistant bureau chief
• Oklahoma Associated Press bureau chief, 1981-1984
• South Carolina Associated Press bureau chief, 1984-2007
• South Carolina Press Association FOI chairman, 1986-2009
• Native American Journalists Association member, 20+ years
• Cherokee Phoenix Editorial Board chairman, 2000 to present
<strong>Honors and Awards:</strong>
• SCPA Distinguished Service Award
• 2 SCPA FOI Awards
• Order of the Palmetto
• Gavel Award from the American Bar Association
• Elias Boudinot Award
• Navy Presidential Unit Citations (2)
• Navy Unit Commendations (2)
• Combat Action Ribbon
• Battle Efficiency Awards (3)
• Vietnam Gallantry Cross
• Republic of Vietnam Campaign Medal
• Vietnam Service Medal (3 bronze stars)
<strong>Education:</strong>
B.A. in journalism from the University of Oklahoma
<strong>Military Service:</strong>
U.S. Navy
<strong>Family:</strong>
Debbie, his wife
– Courtesy of The S.C. Press Association
<strong>Remembrances of those who knew him</strong>
“You were the first to encourage me to set my sights on becoming an editor. I scoffed then. That was 10 years ago. But look what happened. You were right, sir. We all have it in us to become more that what we aspire to. Walk softly into that good night.” – Lisa Snell, Native Oklahoma and Native Times publisher
“I am so saddened at the news that a good friend, John Shurr, has passed. He was one of a handful of mentors I could always count on to steer me in the right direction. Rest in peace dear friend, rest in peace. This is a great loss to our media family.” – Shannon Shaw Duty, Osage News editor
“John was also a mentor to many a young journalist. He was dedicated to making sure that the next generation was prepared to take on the challenges of defending a free press and we are all better for his efforts.” – Jason Terrell, former Cherokee Phoenix Editorial Board member
“He had impeccable comedic timing and always delivered a one-liner when things got stressful in the newsroom. He assigned me an ‘unofficial’ mentor at one point. It was a homeless man with a sign asking for money for beer, pot and hookers. ‘Hey, at least I’m honest,’ the sign read. RIP John Shurr.” – Jacob Jordan, friend and former colleague
“John was always there whenever I needed him. When I had computer troubles, he would jokingly say it must be operator error. He came to Columbia the first year I started working for The Greenville News. He followed my work and when I moved to Columbia, he and Lou Krasky gave me a job as a freelancer, which later turned into a staff post in Greenville. My first assignment for the AP was when Pope John Paul II came to Columbia, and I got the front page of The New York Times. Thank you, John and Lou for giving me the greatest time of my life. Peace be with you.” – Mary Ann Chastain, friend
“RIP John Shurr. You were a great captain and trusted friend. ‘Fair winds and following seas and long may your big jib draw!’ God speed my friend.” – Ken Elmore, friend
“My longtime mentor, friend and primary reason I got my foot in the journalism door 10 years ago has passed away. John Shurr always believed in me and frequently checked in on me and my family. He gave me one of my first opportunities when I worked with him and a newsroom of amazing people in Columbia, South Carolina in 2005. He had a wonderful sense of humor and will be missed by many. Rest in peace, my friend. Thank you for all the wonderful stories and memories.” – Christina Good Voice, Mvskoke Media interim director and Communications manager
“John Shurr was a Cherokee citizen who dedicated his life to advancing the profession of journalism. John served his country with distinction in the military and was a servant to the Cherokee people on the Phoenix Editorial Board. His work and patriotism will long be remembered. Our thoughts and prayers are with his family.” – Principal Chief Bill John Baker
“The people of the Cherokee Nation and beyond owe a great debt to John Shurr. He was a gatekeeper for truthful communication, a career journalist. In the years I knew of him and had the honor of working with him, on the Cherokee Phoenix Editorial Board, John always spoke and wrote quietly, yet passionately, in defense of the people’s right to know and the people’s right to have a voice in the quest for self-governance, political challenges aside. John’s legacy is now the charge for those fortunate enough to have served under his mentorship. It is a charge that must not be taken lightly as it is endorsed by the Creator of all things who tells us this: Truth goes forth and does not return void; Truth always accomplishes that which it intends; Those who embrace the Truth will prosper. Thank you, John. Do na da’ go hv i (until we meet again). – Clarice Doyle, former Cherokee Phoenix Editorial Board member

WASHINGTON – The National Congress of American Indians Executive Council Winter Session announced that the White House invited tribal leaders to join the Generation Indigenous challenge.
The Gen-I challenge is an initiative that focuses on building a bright future for Native youth.
“The White House is inviting tribal leaders to take concrete steps to engage with Native youth in their communities, including working with or creating a youth council, hosting a joint meeting between youth and tribal leaders or partnering with youth to plan a program to support positive change in their community,” NCAI stated in a release.
According to the release, seven tribes have accepted the Gen-I challenge, the Eastern Band of Cherokee Indians, Central Council of Tlingit and Haida Tribes of Alaska, Gila River Indian Community, Ho-Chunk Nation of Wisconsin, Pokagon Band of Potawatomi Indians, Sault Ste. Marie Tribe of Chippewa Indians and Three Affiliated Tribes.
“Existing elements of the Gen-I challenge include the recently launched Cabinet officials’ Native Youth Listening Tour and a steering committee of Native youth to plan the first ever White House Tribal Youth Gathering,” the release states.

TAHLEQUAH, Okla. – In February, the Cherokee Phoenix requested compensation amounts for all Cherokee Nation-affiliated boards and commissions through the tribe’s Freedom of Information Act.
Some boards such as the tribe’s five-member Home Health Services board is not compensated for meeting monthly. The board includes Chairman Freddie Ferrell and members Debra Proctor, Dr. Roger Montgomery, Elmer Tadpole and Connie Davis.
The tribe’s Election Commission is responsible for running the tribe’s elections and each commissioner receives a monthly $500 stipend and $100 per meeting. The five-member commission also receives an hourly pay rate of $30. Commissioners are Chairman Bill W. Horton and Co-Chairwoman Teresa Hart and members Shawna Calico, Carolyn Allen and Martha Calico.
The Gaming Commission oversees gaming regulations and standards, and its commissioners receive a $1,500 stipend each month, mileage rate of 55 cents per mile and paid travel. Commissioners are Jennifer Goins, Shannon Fisher, Steve Barrick, Ruth Ann Weaver and Chairwoman Stacy Leeds.
The three members of the Tax Commission are paid $700 per month and meet quarterly in Tahlequah. Commissioners Jim Hummingbird, Steve Wilson and Chris Carter are responsible for rules regulating car tag operations and tax revenue from tribally operated businesses.
The Administrative Appeals Board hears appeals made by employees who have been terminated from their jobs. The three-member board receives $600 per meeting and a $200 monthly stipend. They also receive 55 cents per mile for traveling to meetings. Board members are James Cosby and Nathan Barnard. One seat is vacant.
The Waste Management board is responsible for oversight of the tribe’s landfill and meets monthly. Chairwoman Fan Robinson receives a monthly stipend of $1,500 while board members Shawn Shepard and Luanne Collins receive $1,000 each. Board members also receive 55 cents per mile in travel expenses.
Comprehensive Care Agency board members receive no compensation for serving. The members, which oversee the Programs for All-inclusive Care for the Elderly and Elder Care, are Chairwoman Janie Dibble and Dr. Roger Montgomery, Elmer Tadpole and Connie Davis. There is one vacant seat.
The five-member Economic Development Trust Authority is also not paid for its work, according to the FOIA response. EDTA members are Mike Crawley, Johnnie Earp, Pamela Bickford, Glendon Watkins and Brian Hartley.
The Environmental Protection Commission meets monthly in Tahlequah and administers environmental rules and regulations. Its five members are Marty Matlock, Ed Fite, Lynna Carson, Jack Spears and Blake Fletcher. They are paid $500 per meeting.
Cherokee Nation Foundation board members, who oversee a scholarship program that includes scholarships established by CN citizens and others, are not compensated. Its six members are Tonya Rozell, Carole Richmond, Leroy Qualls, Patsi Nix Smith, Amber George and Susan Chapman Plumb.
CN Community Association Corporation members are also not paid for their service. The five-member board currently has one vacancy and its members are Dawnena Mackey, Jacquie Archambeau, Ron Qualls, and Robin Smith. The board supports the efforts of Cherokee community groups that are tribally affiliated.
The Registration Committee works on registration concerns and is compensated $250 per monthly meeting. Members include Registrar Linda O’Leary and Farrell Prater. In January, the Tribal Council voted to fill the committee vacancy with Carrie Philpot. She has yet to be confirmed.
The Phoenix requested the compensation for the Cherokee Nation Businesses board of directors but was denied. According to the FOIA response, the information is exempt from public disclosure.
“In response to your request, the information requested is exempt from disclosure pursuant to Cherokee Nation Legislative Act 16-14, 105(A)(6), which states: ‘all salary compensation paid by public bodies to individuals by authorized positions as classified by Cherokee Nation laws or Executive and Legislative Human Resources or Personnel Policies and Procedures. The annual budgets shall contain such position listings without the names of the individual holding such positions,’” states the FOIA response.
The Phoenix attempted to get a clarification from CNB officials for why board compensation could not be disclosed but did not receive a response.
According to a 2010 story, the CNB board chair received $72,000 annually while other members’ base pay ranged from $24,000 to $54,000. According to the story, as part of the base pay, each member served on at least one committee, but members also received $12,000 for each additional committee on which they served. The story also states committee chairs received an additional $6,000 annually and that Executive Committee members received an additional $12,000 annually except the board chairman, who forewent any Executive Committee compensation.